AG 1999 01 19 - Laserfiche WebLink

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VIII. RECOMMENDATION OR ORDERS Magistrates in this district will observe the following procedure: Transmittal forms from all judges containing the word "recommendations" will be treated as orders unless the judge clearly.indicates a. different purpose. Bo Transmittal forms from other magistrates and from Superior Court clerks will be viewed as recommendations only, to be given due weight, but subject to a different form of release or a different amount of bond if the receiving magistrate's information about the defendant on the eleven release criteria clearly indicates a form of a release or amount of bond that differs from the transmittal form. Any magistrate in transmitting warrants out-of-county for service will avoid making any recommendation as to conditions of release unless: The magistrate expects the defendant to be arrested in a county where he is not known, or The said magistrate's prior standing as to the eleven recommendation, or knowledge of the defendant's record and release criteria is sufficient to justify a Experience with the release practices of a particular county has beeh found to be unsatisfactory if recommendations or orders are not given. IX. COMMITMENTS FOR THE INTOXICATED A defendant being held for public intoxication must be released as soon as the defendant is able to meet the magistrate's conditions of pretrial release. X. DETENTION OF IMPAIRED DRIVERS A defendant subject to detention under the provisions of G.S. 15A-534.2 has the right to pretrial release when the judicial official (magistrate) determines either that: The defendant's physical and mental faculties are no longer impaired to the extent that he presents a danger of physical injury to himself or others or of damage to property if he is released; or A sober, responsible adult is willing and able to assume responsibility for the defend~int until his physical and mental faculties are. no longer impaired. 5